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  • Annulment

    Daughter married someone recently and now wants annulment since it is not working out.. how does one get the annulment, wht does it cost and then does he get deported?

  • #2
    Daughter married someone recently and now wants annulment since it is not working out.. how does one get the annulment, wht does it cost and then does he get deported?


    • #3
      Bob, yr daughter can not obtain annullment just because marriage did not work out, periord. Anyone can file the action for annullment, but it doesn't mean that court will grant them annullment. The prime ground for annulment is FRAUD, which means yr daughter needs to prove that she was married or induced to marry under false pretense by her husband, which means that her husband hided the material fact from her at the time of marriage, and if she would have known about it, then she would have not married to her husband. The frauds which are considered for a ground for annulment are-if her husband married to her just to get green card and she doesn't know this at the time of marriage; or if her husband was impotent and/or could not have baby; or if he had lied about his ages to her before marriage, or if her husband had some kind of dangerous diesease which he did not tell her before marriage, or if her husband is married to someone else at the time of marriage and he hided this truth from her at the time of marriage, and basically any material fraud perpeturated by her husband and yr daughter was not aware of that fraud at the time of marriage, can also be considered a ground for seeking annullment. Your daughter can also seek a annullment if marriage did not consumated. In addition, sometime courts also annul the marriage, if husband-wife is married only for a short time.

      Usually, courts don't annul the marriage unless both parties consented to one of its ground. Court will never annul the marriage based on any fraud which yr daughter knew it at the time of marriage, because it means there was no any fraud perpetuated against her. If you think that yr daughter can prove any of the above ground for annulment with 'prepoderance of evidence', then she can get it, otherwise court will dismiss her complaint, or instead, would grant her divorce if she would ask for it as a alternate to the annulment. It is important for you to know that if yr daughter seeks a annulment based on that her husband defrauded her because he married solely for the purpose of green card, then in 99.99% cases, court will dismiss her claim because court knew that if they annul the marriage, then INS would be the biggest problem for both person and most of time family courts are symphatic towards both parties. The courts knew that if they annul the marriage, then the alien (yr daughter's husband) would end up in deportation even if he did not receive his residency thru his daughter, because INS will deport him for filing false claim for residency based on that marriage, if marriage gets annulled. Because, if a marriage is annulled, then it means that there was never a valid marriage even though persons obtained marriage licences/certificates in the past, and that means an alien had no right to seek for p.residency at first place anyway based on that marriage, and if they did, then INS considers its a deception to them, then INS not only will deport him but also he can not be able to legal in this country in any other ways except thru filing for asylum.

      Please take a note that it is not necessary that yr daughter' husband should have received p.residency thru yr daughter, while if they even started the paper works based on this marriage, then it is also considered a deception to them, unless they haven't started any paper work yet based on their marriage. If yr daughter's husband is bright, i mean if he knows immigration law, then he will definately fight/contest the annulment because he would know that he would kill his all chances to be in america forever, and then that contested matter would cost yr daughter also great deal of money and time in the court in order to fight for it. I have seen lots of girls or women seek annulment from their alien husband for various reason, such as-(1) they wanted their husband to be deported, because if ever INS found out or if somebody inform them or if an alien files any kind of application with INS in the future, INS would know about the annulment and then they will deport the person after revoking their p.residency or citizenship.(2) Most of women think that annullment mean that the said marriage would be wiped out from the record, but it is not true because even though in annulment court declares that there was never a legal marriage, it doesn't means that marriage never occured since each time whenever they would be asked by any authority, they must need to disclose about it each and every time. (3) lots of time women seek annullment so that they can prove to their next husband that they were not married at all, but it is only in their mind for game-playing mind, so that they can prove their faithfulness to new hubby. I do understand that sometime marriages don't work, but people should learn to move on. In my opinion it does not help or make any difference to her if she gets divorce or annullment, but her husband's immigration life is pretty much depend on this annullment, which he might not aware of it at this time. If i were you, i would never advise my daughter to go for annullment because it will ruin somebody's chances to be here now or in the future. In either situations, i hope you will guide yr daughter in a right way what you feel right thing to do. Good luck.


      • #4
        Hey, I know this message has been posted awhile ago, but I'll be happy if you can still answer me. I was struck by how extensive you are on the subject. Ok, I'll get to the point.
        I am married to a USC girl and we've been together for almost two years. I have my conditional residence. We've tried to have kids many times but it's not working out. I know it's my fault because there's someting wrong with my ... and I'll have to get a surgery done soon.
        So my question is:
        If my wife asks for an annulment based on that reason what happens to me? (as I said I an a conditional permanent resident).
        Hope to hear from you SAMMY or from anyone...


        • #5
          To SAMMY or anyone who cares:
          Actually when I think about it she probably would go for a divorce rather than annulment.We still love each other but she's been different and a lot meaner...A LOT> I feel like the kids situation doesn't matter anymore.
          So can I still get my permanent GC if SHE (not ME) files for a divorce(which I assume makes it kind of my fault)...(also assuming the divorce is finalized before the 90 days).
          PLS SAMMY...You look like you care about people the most...I'll be grateful if i could get in touch with you...probably even e-mail you??...


          • #6
            hello-oo, anybody?


            • #7
              I am so sorry no one has answered your question yet. I do not have any legal training so have nothing but a hopeful statement that since you did not know you could not have kids you did not perpetuate fraud against her. Plus, so many, many couples have problems with infertility (see - TONS of great info) and if the marriage is one of love there is never a question of "punishing" the other for the inability. I am an active member of that board and with all the reasons, both male and female, and literally thousands of posts written and read, not ONE has inferred that they blamed their spouse and wanted an annulment!

              I hope your wife's "meanness" lately is just stress based on the frustration of dashed expectations which all of us have felt when we spend years trying NOT to get pregnant and then when we want to, can't.

              Best of everything to you and I hope Sammy shows up real soon.

              Nance Lee


              • #8
                Thanks a lot, Nance Lee


                • #9
                  TO: Sppike

                  You should know that- sometimes, I don't visit this site at all being busy in some other things in my life, but it doesn't mean that I don't want to answer you or that I'm doing some kind of reseach for your answer. I've lots of other things to do also in my life. I'm not a person who ignores others' request.

                  As far as your immigration question goes, then my answer is - Yes, you still be able to get your full permanent residence despite of your divorce, but there are couples of precautions or requirements you need to meet, which are-

                  -Don't let your wife to get annulment on the ground of fraud [like you are married to her for sole purpose of green card, if she alleges this one]. You must fight it in the divorce court if she files for it. And, if she files for annulment on another ground of fraud that you defrauded her because you did not tell her PRIOR to the marriage that you can make baby, then still fight for it even though it won't affact your immigration status, but you need to defend yourself, and you may say that you did not know PRIOR to your marriage that you are unable to make baby. As you know that annulment is only granted on fraud ground if you hided the information from your spouse BEFORE the marriage. Any fraud after the marriage has nothing to do with annulment.

                  Try to get divorce [it's better if you file for divorce instead of your wife] on the ground wherein you can prove that she is the reason, yr marriage got fallen apart, and not because of you. BCIS need to see the divorce decree to make sure who is in fault for the broken marriage. There are lots of grounds to seek divorce depending on the State where you reside like mental cruelity, adultery , inhuman treatment etc..All these could help you to secure green card with other requirements.

                  - You must-must-must need to prove to BCIS that you will face extreme hardship if you were deported from U.S., and be remember you can not use 'economic or financial' reason for that hardship.

                  - And, if there is any abuses are going on in your marriage, then you need to prove those abouse because if you are able to prove it then you can get full residency over here. It's not necessary that those abuses have to be physical while it could be mental and emotional too, like she is using bad words against you, calling you names, underming you all the times, putting you down all the time, having affair with someone or etc similar to these, but you need to document or report these abuses to authorities like police, hospital, courts, social agency etc and you do need those reports to prove your claim against your wife if you need green card based upon battered spouse, otherwise you will be deported.

                  As far as your matrimonial issue goes, then I would say that I don't think that your wife loves you, otherwise she won't consider to end the marriage just because you guys can not have a baby together. There are lots of other options you guys may have to have baby together including adoption, but it all depends on your love to each and it doesn't seem to me that you are that important to her since she is choosing a condition for having a baby on you. Why don't you go for marriage counselling together, which might change her position against you that way, but still I believe she doesn't love you because she hasn't tried to work out the marriage yet in any form except considering for filing annulment. So, do accordingly what you feel right thing to do in your situation. I wish you good luck in the future.


                  • #10

                    The State of NJ will (and did) issue an annulment based on the fact that one of the partners in the marriage does not want to have children and the other does. In this case there was no finding of Fraud in the decision.

                    How do you think this will affect a I-751 that has been awaiting processing at VSC since Oct 2002? That I-751 was signed by both parites along with a letter indicating that the marriage was not to evade immigration law (along with all the other documentation required).

                    These kind of issues are going to get out of control unless they start processing the I-751's again sometime soon... Marriages just don;'t last like they used to...



                    • #11
                      ARQU, do you know why I751s are taking so long to process? They used to take just a few months, but now its like these people have all gone sleep.

                      DOES ANYONE KNOW WHAT IS GOING ON?


                      • #12
                        THE BCIS has stopped issuing most (if not all) permanent GC's until they can put in the computer infrastructure required to do background checks on EACH and EVERY GC application.

                        This is a HUGE change in procedure and they have no idea on how to accomplish it. Until then, the clocks have stopped...



                        • #13
                          Where did you get this info ARQU? I need to know coz am having problems with my marriage and cannot bail out until the I751 is approved.


                          • #14
                            I know this because I am dealing with the same situation. I just finally gave up on trying to SUFFER through the marriage and am just going to let the cards fall where they may... This information about why the GCs are taking so long (look at I-751s and I-485s at all regional centers and you will see what I mean...) This has been discussed on this forum and in newsletters in the past..

                            At least my I-751 was filed before I left.. There is no use getting all stressed out over it because it is going to take years and there will not be much I can do to influence a determination one way or another...



                            • #15
                              Yes ARQU but what will you do if they call you in for an interview?

                              Also, if you left after filing the I751, you must have changed addressses right? Did you send them a change of address form?

                              Is your divorce final yet?


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